What is a joint physical custody model?

In the decision of February 16, 2024, in case No. 465/6496/19, the Supreme Court issued the model of joint parental custody of children for the first time. The above text has not yet been published in the Unified State Register of Court Decisions. The case concerned the determination of the place of residence of three children after the divorce of their parents and was considered by the court for four years. The ruling of the Supreme Court, which put the final point in this case, provides that the children live with each of the parents in turn: two weeks with the father, two weeks with the mother. After two weeks, the parent with whom the children lived must accompany (bring) them to the place of residence of the second parent and hand them over to the physical custody of the other parent.

In the framework of this case, the guardianship body in its own conclusion, drawn up taking into account the family situation, assumes the expediency of applying the model of joint physical custody of parents for children.

The decision of the Supreme Court dated February 16, 2024 in case No. 465/6496/19 became the first such decision and marked the beginning of the development of the joint custody model.